https://www.taxtmi.com/caselaws?id=768150 Proceedings under Section 14 of the SARFAESI Act are ministerial and non-adjudicatory, so the Magistrate need not decide borrower-creditor disputes at that stage. The relevant inquiry is limited to jurisdiction over the secured asset and proof that Section 13(2) notice was issued. Here, service of the Section 13(2) notice was shown and was neither challenged nor replied to, while the absence of a solemnly affirmed affidavit was treated as a curable procedural defect through an additional affidavit. The borrowers' remedy, if any, lay under Section 17. The writ challenge failed and the Magistrate's order was upheld. en-us Fri, 13 Dec 2024 00:00:00 +0530 Wed, 02 Apr 2025 08:35:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=768150 Proceedings under Section 14 of the SARFAESI Act are ministerial and non-adjudicatory, so the Magistrate need not decide borrower-creditor disputes at that stage. The relevant inquiry is limited to jurisdiction over the secured asset and proof that Section 13(2) notice was issued. Here, service of the Section 13(2) notice was shown and was neither challenged nor replied to, while the absence of a solemnly affirmed affidavit was treated as a curable procedural defect through an additional affidavit. The borrowers' remedy, if any, lay under Section 17. The writ challenge failed and the Magistrate's order was upheld. Case-Laws Indian Laws Fri, 13 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=768150